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New survey seeks updated data on trans experience

Are cultural changes impacting people’s lives?

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National Center for Transgender Equality, gay news, Washington Blade
National Center for Transgender Equality, gay news, Washington Blade

Executive Director of the National Center for Transgender Equality Mara Keisling (Washington Blade photo by Michael Key)

Amid increased transgender visibility and pro-trans policy changes at the federal level, a leading transgender advocacy group is seeking to recreate an influential survey to monitor developments in the trans experience.

Four years ago, the questionnaire — titled “Injustice at Every Turn” and jointly organized by the National Center for Transgender Equality and the National LGBTQ Task Force — was the most extensive survey ever taken of the transgender community and found widespread anti-trans discrimination.

Mara Keisling, executive director of the National Center for Transgender Equality, said her organization is renewing the survey to obtain updated data years later.

“The survey data is used by all activists, almost all journalists, so we wanted everybody to have the most up-to-date data,” Keisling said.

According to NCTE, as of Friday, a total of 12,000 people have committed online to taking the survey — almost double the 6,400 who took the 2011 survey. Keisling said she doesn’t have a goal in mind for the new survey other than an increased number of respondents and outreach to populations such as seniors and people of color. Transgender people can register here to take the survey, which will be online Aug. 19.

“Honestly, we want to see if things are improving,” Keisling said. “It’s been five years. There seems to have been a lot of cultural and policy movement, and we want to see if that’s impacting people’s lives.”

Among the findings of the survey in 2011: Transgender people faced double the rate of unemployment, nine-in-10 say they experienced harassment or discrimination on the job and 19 percent said they were refused housing because of their gender identity.

Many of the questions in the new survey would be the same, but others will be added for more complete data on the trans experience. For example, one question on the 2011 survey found 41 percent of respondents reported attempting suicide and another found one-fifth experienced homelessness at some point in their lives. The updated survey will include follow-up questions on whether these incidents of suicide and homelessness occurred in the past year for more accurate data.

Another new change is redirecting those who complete the survey, which will be anonymous, to a form allowing them share personal stories of anti-trans discrimination. The intent is to add the sense of personal experience for potential use in advocacy work at a later time.

Keisling said the personal story option portion of the survey will add to efforts for advocacy on transgender rights not just on Capitol Hill, but in state capitols and media situations.

“Everybody can opt out of that if they want, but it’s just really important for advocacy to be able to tell real people stories and to be able to find individuals who can come forward and tell their own stories,” Keisling said.

In 2011, the transgender survey was a co-project of NCTE and what is now the National LGBTQ Task Force. This time around, the Task Force has stepped aside to keep the project within NCTE.

Rea Carey, executive director of the Task Force, said in a statement to the Blade her organization is excited about the survey and supporting the launch, but opted to leave it to NCTE.

“Together, the National LGBTQ Task Force and NCTE agreed that NCTE would be the sole producer of the report this year and we look forward to seeing the results,” Carey said. “Like our work together on Injustice at Every Turn, NCTE, the National LGBTQ Task Force, and our movement will be able to use the data to continue to make the case for increased attention to the needs of all transgender people.”

Also contributing to the research team for the survey is Jody Herman, scholar of public policy at the Williams Institute, University of California, Los Angeles. As a consultant to the project, she’s working on survey question design to ensure it’s on par with federal surveys and will help with analysis once data is gathered.

“We’re going to design a public use data set so the data can be made available to other organizations or researchers, academics, so they conduct their own research with the data set, so I’m hoping it’ll fuel another wave of research about transgender people,” Herman said.

One reason for renewing the survey is the lack of information on transgender people in the American population at the federal level. Although the Department of Health & Human Services has included sexual orientation questions in health surveys, questions about gender identity have not been included.

Keisling said most information about groups of people in the United States comes from federal government initiatives, which she called “the gold standard for data,” but she said information is lacking for LGBT people.

“One of the most disappointing things about the federal government currently, and there has been so much progress on LGBT issues in the Obama administration…but still we do not have the federal government data for trans people, or even gay, bi people, or just queer people in general,” Keisling said. “We just don’t have them studying us as they should be yet. We’re going to keep pushing for that, but until then, we’re going to have to be collecting our own data.”

It seems unlikely a transgender-related question will be added to the questionnaire the U.S. Census Bureau distributes every 10 years and anticipated in 2020 because that survey will be reduced to a short form. Instead, transgender advocates are pushing for inclusion in the American Community Survey, the annual survey with more extensive questions.

Keisling said there are dozens of other surveys to which LGBT questions could be added, including many conducted by the Department of Health & Human Services. The best way to look at the issue, Keisling said, is through agencies. Just last week, she said she had a meeting with the Bureau of Justice Statistics within the Justice Department.

“There’s the Bureau of Labor Statistics, there’s the National Center for Health Statistics, there are just so many, and there’s just a very small few now that are beginning to count LGBT people,” Keisling said.

Jamal Brown, a spokesperson for the White House Office of Management & Budget, responded by saying policymakers for years have collected data on LGBT populations, but acknowledged more work remains.

“LGBT people are not uniform, with experiences shaped by a diversity of factors including age, race, gender, socioeconomic background, education, and disability,” the spokesperson said. “And without improved data, there’s no way to adequately describe these differences and what they mean for LGBT Americans.”

But Brown said an interagency review is underway to evaluate federal data gathering for LGBT people and “develop recommendations that will inform federal statistics in the future.” The White House Office of Information and Regulatory Affairs held its first interagency meeting on the issue April 9.

Once the data from the latest transgender survey is obtained, Keisling said she expects it to show where anti-trans discrimination exists and that it will help lead the way to fixing it.

“But we’re also going to disseminate the information to the state LGBT groups, to local HIV service organizations, the federal government probably will use the survey in different ways and the media, which has become such an important public education around trans issues, will be no doubt using the survey,” Keisling said.

Keisling said much like the 2011 questionnaire, she predicts the survey will reveal the problems facing transgender people are compounded when they’re part of racial minority groups because of persistent racism.

For example, the 2011 survey found black transgender people live in a significantly higher rate of poverty. Thirty-four percent reported a household income of less than $10,000 a year. That’s more than twice the rate for transgender people of all races (15 percent), four times the general black population rate (9 percent) and more than eight times the general U.S. population rate (4 percent).

But Keisling said the data from the updated survey will “absolutely” be a tool to help ameliorate those compounded problems going forward.

“When you’re trying to move forward, it’s important to understand where you are and which moves forward are the most urgently needed, and this survey will really help with that,” Keisling said.

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Puerto Rico

The ‘X’ returns to court

1st Circuit hears case over legal recognition of nonbinary Puerto Ricans

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(Photo by Sergei Gnatuk via Bigstock)

Eight months ago, I wrote about this issue at a time when it had not yet reached the judicial level it faces today. Back then, the conversation moved through administrative decisions, public debate, and political resistance. It was unresolved, but it had not yet reached this point.

That has now changed.

Lambda Legal appeared before the 1st U.S. Court of Appeals in Boston, urging the court to uphold a lower court ruling that requires the government of Puerto Rico to issue birth certificates that accurately reflect the identities of nonbinary individuals. The appeal follows a district court decision that found the denial of such recognition to be a violation of the U.S. Constitution.

This marks a turning point. The issue is no longer theoretical. A court has already determined that unequal treatment exists.

The argument presented by the plaintiffs is grounded in Puerto Rico’s own legal framework. Identity birth certificates are not static historical records. They are functional documents used in everyday life. They are required to access employment, education, and essential services. Their purpose is practical, not symbolic.

Within that framework, the exclusion of nonbinary individuals does not stem from a legal limitation. Puerto Rico already allows gender marker corrections on birth certificates for transgender individuals under the precedent established in Arroyo Gonzalez v. Rosselló Nevares. In addition, the current Civil Code recognizes the existence of identity documents that reflect a person’s lived identity beyond the original birth record.

The issue lies in how the law is applied.

Recognition is granted within specific categories, while those who do not identify within that binary structure remain excluded. That exclusion is now at the center of this case.

Lambda Legal’s position is straightforward. Requiring individuals to carry documents that do not reflect who they are forces them into misrepresentation in essential aspects of daily life. This creates practical barriers, exposes them to scrutiny, and places them in a constant state of vulnerability.

The plaintiffs, who were born in Puerto Rico, have made clear that access to accurate identification is not symbolic. It is a basic condition for moving through the world without contradiction imposed by the state.

The fact that this case is now being addressed in the federal court system adds another layer of significance. This is not a pending policy discussion or a legislative proposal. It is a constitutional question. The analysis is not about political preference, but about rights and equal protection under the law.

This case does not exist in isolation.

It unfolds within a broader context in which debates over identity and rights have increasingly been shaped by the growing influence of conservative perspectives in public policy, both in the United States and in Puerto Rico. At the local level, this influence has been reflected in legislative discussions where religious arguments have begun to intersect with decisions that should be grounded in constitutional principles. That intersection creates tension around the separation of church and state and has direct consequences for access to rights.

Recognizing this context is not an attack on faith or religious practice. It is an acknowledgment that when certain perspectives move into the realm of public authority, they can shape outcomes that affect specific communities.

From within Puerto Rico, this is not a distant debate. It is a lived reality. It is present in the difficulty of presenting identification that does not match one’s identity, and in the consequences that follow in workplaces, schools, and government spaces.

The progression of this case introduces the possibility of change within the applicable legal framework. Not because it resolves every tension surrounding the issue, but because it establishes a legal examination of a practice that has long operated under exclusion.

Eight months ago, the conversation centered on ongoing developments. Today, there is already a judicial finding that identifies a violation of rights. What remains is whether that finding will be upheld on appeal.

That process does not guarantee an immediate outcome, but it shifts the ground.

The debate is no longer theoretical.

It is now before the courts.

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National

LGBTQ community explores arming up during heated political times

Interest in gun ownership has increased since Donald Trump returned to office

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Gun rights organizations and advocates say interest in gun ownership seems to have increased in the LGBTQIA+ community since President Donald Trump returned to the White House last year. (Photo by Kaitlin Newman for the Baltimore Banner)

By JOHN-JOHN WILLIAMS IV | As the child of a father who hunted, Vera Snively shied away from firearms, influenced by her mother’s aversion to guns.

Now, the 18-year-old Westminster electrician goes to the shooting range at least once a month. She owns a rifle and a shotgun, and plans to get a handgun when she turns 21.

“I want to be able to defend my community, especially being in political spaces and queer spaces,” said Snively, a trans woman. “It’s just having that extra line of safety, having that extra peace of mind would be important to me.”

Snively is among what some say is a growing number of LGBTQ gun owners across the United States. Gun rights organizations and advocates say interest in gun ownership appears to have increased in that community since President Donald Trump returned to the White House last year.

The rest of this article can be read on the Baltimore Banner’s website.

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Tennessee

Tenn. lawmakers pass transgender “watch list” bill

State Senate to consider measure on Wednesday

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Tennessee, gay news, Washington Blade
Image of the transgender flag with the Tennessee flag in the shape of the state over it. (Image public domain)

The Tennessee House of Representatives passed a bill last week to create a transgender “watch list” that also pushes detransition medical treatment. The state Senate will consider it on Wednesday.

House Bill 754/State Bill 676 has been deemed “ugly” by LGBTQ advocates and criticized by healthcare information litigators as a major privacy concern.

The bill would require “gender clinics accepting funds from this state to perform gender transition procedures to also perform detransition procedures; requires insurance entities providing coverage of gender transition procedures to also cover detransition procedures; requires certain gender clinics and insurance entities to report information regarding detransition procedures to the department of health.”

It would require that any gender-affirming care-providing clinics share the date, age, and sex of patients; any drugs prescribed (dosage, frequency, duration, and method administered); the state and county; the name, contact information, and medical specialty of the healthcare professional who prescribed the treatment; and any past medical history related to “neurological, behavioral, or mental health conditions.” It would also mandate additional information if surgical intervention is prescribed, including details on which healthcare professional made a referral and when.

HB 0754 would also require the state to produce a “comprehensive annual statistical report,” with all collected data shared with the heads of the legislature and the legislative librarian, and eventually published online for public access.

The bill also reframes detransitioning as a major focus of gender-affirming healthcare — despite studies showing that the number of trans people who detransition is statistically quite low, around 13 percent, and is often the result of external pressures (such as discrimination or family) rather than an issue with their gender identity.

This legislation stands in sharp contrast to federal protections restricting what healthcare information can be shared. In 1996, Congress passed the Health Insurance Portability and Accountability Act, or HIPAA, requiring protections for all “individually identifiable health information,” including medical records, conversations, billing information, and other patient data.

Margaret Riley, professor of law, public health sciences, and public policy at the University of Virginia, has written about similar efforts at the federal level, noting the Trump-Vance administration’s push to subpoena multiple hospitals’ records of gender-affirming care for trans patients despite no claims — or proof — that a crime was committed.

It has “sown fear and concern, both among people whose information is sought and among the doctors and other providers who offer such care. Some health providers have reportedly decided to no longer provide gender-affirming care to minors as a result of the inquiries, even in states where that care is legal.” She wrote in an article on the Conversation, where she goes further, pointing out that the push, mostly from conservative members of the government, are pushing extracting this private information “while giving no inkling of any alleged crimes that may have been committed.”

State Rep. Jeremy Faison (R-Cosby), the bill’s sponsor, said in a press conference two weeks ago that he has met dozens of individuals who sought to transition genders and ultimately detransitioned. In committee, an individual testified in support of the bill, claiming that while insurance paid for gender-affirming care, detransition care was not covered.

“I believe that we as a society are going to look back on this time that really burst out in 2014 and think, ‘Dear God, What were we thinking? This was as dumb as frontal lobotomies,’” Faison said of gender-affirming care. “I think we’re going to look back on society one day and think that.”

Jennifer Levi, GLAD Law’s senior director of Transgender and Queer Rights, shared with PBS last year that legislation like this changes the entire concept of HIPAA rights for trans Americans in ways that are invasive and unnecessary.

“It turns doctor-patient confidentiality into government surveillance,” Levi said, later emphasizing this will cause fewer people to seek out the care that they need. “It’s chilling.”

The Washington Blade reached out to the American Civil Liberties Union of Tennessee, which shared this statement from Executive Director Miriam Nemeth:

“HB 754/SB 676 continues the ugly legacy of Tennessee legislators’ attacks on the lives of transgender Tennesseans. Most Tennesseans, regardless of political views, oppose government databases tracking medical decisions made between patients and their doctors. The same should be true here. The state does not threaten to end the livelihood of doctors and fine them $150,000 for safeguarding the sensitive information of people with diabetes, depression, cancer, or other conditions. Trans people and intersex people deserve the same safety, privacy, and equal treatment under the law as everyone else.”

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